Gym body-shaming case goes to court later this month

A Playboy model who was charged with invasion of privacy after posting a photo of a woman in the shower at the gym on Snapchat, will appear in a US court later this month.

Model and actress Dani Mathers, 30, took a photo of a 70-year-old woman showering at LA Gym and posted it next to a photo of herself seemingly gasping in shock, with the caption: "If I can't unsee this then you can't either."

She was charged late last year with a misdemeanor count of invasion of privacy and is facing six-months in jail and a US $1000 fine if conviced.

Mathers' lawyer Dana Cole made a final attempt to prevent the matter going to court on Monday, according to the New York Daily News, arguing that the Californian law was "too ambiguous" to enforce and that the shot was too far away to allow the victim to be identified.

LA Deputy City Attorney Chadd Kim argued back, saying it is up to a jury to decide if the photo is identifiable.

The matter will be heard later this month, with the trial start date tentatively set for 26 May, 2017.

Mathers has since returned to social media and is attempting to rebuild her career and reputation. Images: Instagram

It was in July, 2016 that Mathers posted the photo on social media, and the backlash was instant.

Mather's followers let her know how cruel and inappropriate they felt the post was and then as the media picked up the story and the backlash grew, the model was forced to shut down her social media accounts.

She has since returned to Twitter and Instagram.

Attempts to rebuild her career and reputation have also stalled. Shortly after she posted the photo, she was banned from LA Gym and fired from a radio job, despite posting a video apologising. Pledges of support for anti-bullying organisations such as The Tyler Clementi Foundation have also failed.

The model posted an apology video on Snapchat shortly after sharing the photo. Video: Snapchat

It was LA detectives who first began the investigation after they received reports of "illegal distribution" of the image. They managed to track down the victim and then recommended the prosecutor press charges.

Mathers first met with a lawyer in September, according to New York Daily News, and was formally charged in November.

Under Californian law it is illegal to secretly photograph or record someone who can be identified in their home, changing room or tanning booth unless you have their prior consent.